EDWARDSVILLE -- Lawyers sued over alleged legal malpractice are denying allegations, and another is indicating a settlement has been reached with the plaintiff.
Lawrence Butler filed suit May 6 against attorneys Lanny Darr of Madison County, Dedra Brock-Moore of St. Clair County, and Bryan Sanger of Missouri in Madison County District Court, alleging negligence.
According to the complaint, Butler fell on ice at Schnucks Market in January 2014 and sustained injuries. Brock-Moore, or someone in her office, the suit states, met with Butler concerning his fall, and entered into a contract for representation. Brock-Moore allegedly then sent a letter to Sanger with the information, and described Butler as “our new client,” based on the lawsuit. Sanger then relayed those details to Darr, who filed the lawsuit in Madison County on Butler’s behalf, the complaint states.
However, Butler now alleges the defendants violated their duty to represent him “in the same manner as a reasonably careful attorney would under similar circumstances.”
He called out the defendants for not determining the actual place where he fail, and not communicating with Butler before the lawsuit was filed concerning the correct area of the fall. He also said they did not obtain medical records before the lawsuit, which also provides details of his incident. He alleges they did not file the lawsuit with the proper location “within the applicable statute of limitations.”
Butler insists he had a legitimate personal injury suit against Schnucks Market and others, and if it were not for the defendants’ alleged violations he would have been awarded compensation for the injuries. Instead, he alleges, due to their violation of duty, his lawsuit was dismissed May 15, 2017, and he was not awarded any compensation, leading to the current lawsuit.
Darr and Brock-Moore have since filed answers and affirmative defenses to the complaint.
In Darr’s response, filed on July 9, 2019, he demanded proof of the allegations Butler made concerning his sit-down with Brock-Moore, or someone in her office, as well as claims that they collected information from Butler, and that Moore sent a letter to Sanger to pass on the information, describing Butler as a new client. He also allegedly objected and moved to strike Butler’s claims concerning their alleged failure to properly represent him.
Darr also said Butler was the one who failed to properly communicate with the lawyers concerning the details of the accident for his personal injury claim, adding “As a direct and proximate result of one or more of the foregoing careless acts and/or omissions, the plaintiff caused or contributed to cause the damages he alleges.”
The lawyer also called out Butler for not having a proper lookout when he was walking “at an unreasonable rate of speed under the conditions present, thereby causing him to slip and fall,” according to Darr’s answer. Darr also said there was a lack of proximate cause and superseding/intervening cause, and that Butler’s allegations are barred by the statute of limitations.
In Brock-Moore’s answers, she did confirm meeting with Butler, but said more information was needed on his claims and that Sanger passed on the information to Darr. She said Butler was the one who offered the incorrect location concerning his fall and was careless and negligent when he was walking.
She also noted that when it came to the time and place that Butler fell, there was a statute “in effect and bars any recovery when a plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought,” according to her answer. She also noted that Butler fell on an icy surface, which marked an open and obvious condition, that Butler should have known as he was familiar with the area.
Sanger also responded to the lawsuit and asked the court for an in camera finding of good faith settlement for him and Butler. He stated that they have come to a confidential settlement agreement and Butler has said he will remove Sanger from the lawsuit. Sanger wants the court to determine that the settlement was made in good faith, and that any claims against him will be dismissed and barred upon entry of a dismissal order.
Attorney David A. Soresen of the Law Office of Edward J. Kozel represents Darr, while John Cooney of Brown & James, PC represents Brock-Moore.
Butler also is represented by Cooney.
Madison County Circuit Court Case number 2019 L 000642